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piece work travel time working long hours Florida
Ok I work piece work in Florida I work a labor job I install underground electrical service cables for a contractor of a power company. The question I have is I drive a commercial vehicle and have a fellow employee, material,and equipment I have to drive job to job and I am not getting paid for sometimes I drive the truck from the show up to as far as 60 miles without getting paid and also I have to load material meet with supervisors from other operation districts in order to get my work sometimes this take 2 hours before I get to the first job and have a chance of getting paid is this legal? I only get paid for the amount of footage I dig and connections of wires not for driving or loading of material or paper work pre trip inspection of the truck safety meeting in the morning I work at least 10 hours per day and most of the time it is 12 I do not get any sort of pay difference until I complete 40hours for the week I thought I once read that after 10 hours per day I should get a different pay in a Florida statue.
Thanks in advance.
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- Florida is not my state, but it has a reputation for having (other then a higher then federal minimum wage) little or nothing in the way of state labor law. I seem to remember someone quoted a regulation sort of like what you mentioned, but when we looked up the actual wording it was very specific to minimum wage farm labor only. Perhaps someone else has heard of this. To my knowledge however there are only 4 states with general daily overtime, none of which is FL.
Travel time is complicated. You need to read all federal regulations in the 29 CFR 785.33 (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.33.htm) - 785.41 range. To my knowledge, there are no FL specific regulation in this area.
Once hours worked has been determined, piece work basically is a two step calculation. Figure out what base pay is per piece work, then figure out what it would be at FL minimum wage, then use the higher of the two calculations and do the overtime calcuation. This again is federal rules.
http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf#1; Thu, 16 Oct 2008 20:25:00 GMT